Patna High CourtCR. MISC./3266/2017dismissed

Rajesh Prasad @ Deba v. The State Of Bihar

2017-02-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3266 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rajesh Prasad @ Deba, son of Gauri Prasad, resident of Village- Majhaua, Police Station - Chautarwa, District - West Champaran at Bettiah. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Upadhyay Suwash Kumar, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Chautanwa P.S.Case No. 137 of 2016 registered for the offences punishable under Section 7 of the E.C. Act. It has been submitted on behalf of the petitioner that it is alleged that some PDS rice and wheat has been recovered from the house of the petitioner and it is also alleged that he has taken the same from the PDS dealer Satyendra Prasad Keshari but the stock of the said PDS dealer has been verified and nothing improper has been found in the stock register and the petitioner has falsely been implicated in this case due to election rivalry in the Panchayat.

Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.3266 of 2017 (2) dt.09-02-2017 2/2 for bail.

Having heard both sides and considering the fact that in this case recovery has been made from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

Let the petitioner surrender and pray for regular bail in the court below, which shall be considered on its own merit as well as on submission on behalf of the petitioner that nothing illegal was found during verification of the stock register of PDS dealer and disposed of without being prejudiced by this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U